IN THE U.S.

COURT OF APPEALS FOR THE FEDERAL CIRCUIT

No. 2010-1031

LEO STOLLER,

Appellant

v.

BEST DATA PRODUCTS, INC., Appellee

Appeal from the U.S. Patent and Trademark Office, Trademark Trial and Appeals Board

v.

THE SOCIETY FOR THE PREVENTION OF TRADEMARK ABUSE, LLC,

Appellee.

(Opposition No. 91190926)

RESPONSE TO STOLLER'S COMBINED MOTIONS TO DISQUALIFY AND TO SUSPEND

This responds to appellant Stoller's ("Stoller") motion to

disqualify the undersigned, counsel for The Society for the

Prevention of Trademark Abuse, LLC ("The SPTA"). Also identified in

the motion are David Abrams and Alfred Goodman who have not

filed notices of appearance in this appeal. Stoller asks that Abrams

and Goodman "be suspended from practicing before [the Court of

Appeals for the] Federal Circuit pending resolution of the criminal

contempt charges which are [now] pending in Cook County,

Illinois."

None of the allegations has anything to do with the present

appeal by Stoller of a 11 AB decision dismissing a cancellation

action. The motion should be dismissed for this reason alone.

Stoller has, however, leveled serious allegations that malign

the professional integrity of the named opposing counsel. 1 Some

response is warranted to clarify that the assertions are truly

spurious."

I Stoller is a compulsive blogger (http://www.rentamark.net) and documents the reasons behind many of his more colorful courtroom strategies. The entry dated October 18, 2009 (Exhibit 1) suggests that Stoller has filed the petition with an intent to inflict harm to the profession of the accused. In that entry he writes (emphasis added):

You know what the "law" library is, it's a supermart on how to indict someone. The standard of proof to charge an offense is called probable cause (PC) . This is a very low standard of proof, and in essence requires that there be reason to believe that a crime has been committed, and reason to believe that the person charged did it. These types of offenses are very capabaZe [sic] of destroying a person's reputation, even if they are never convicted of it.

2 Stoller has a history of filing frivolous motions on appeal and been sanctioned twice by the Court of Appeals for the Seventh Circuit. See, Stoller v. Pure Fishing, No. 07-1936 (7th Cir.) (warning); In re Stoller, No. 07-1934 (7th Cir.) ($2500 fine and threat of filing bar); Gooqle, Inc. v. Central Mfg., Inc., Nos. 07-1569,07-1612 and 07 -16 51 (7th Cir.) ($10,000 fine and entry of filing bar for nonpayment). The Supreme Court has sanctioned Stoller for

2

Background

Stoller's current motion stems from his failed efforts to sue the

undersigned and two of his partners in Cook County court. There is

no relation between the alleged facts concerning the current motion

and the facts or record of the present appeal.

Stoller's first suit in Cook County court was for defamation.

The Cook County judge for the case has already determined that

service of the complaint was improper and has quashed service. A

subsequent attempt at service was also improper. The statutes of

limitation have since expired for all claims identified in the Cook

County complaint, and a motion to dismiss is pending.

The second proceeding is a petition that was filed by Stoller

with the Illinois criminal court. In that petition, Stoller has alleged

that the undersigned and his partners have engaged in indirect

criminal contempt stemming from an alleged fact dispute over the

circumstances of service of the complaint in the earlier Cook

County defamation case. Stoller's petition seeks a hearing on the

issue. (Illinois permits pro se litigants to file such petitions without

repeated abuse of its petition process. See Stoller v. Attorney Registration and Disciplinary Commission, No. 07 -10194 (S. Ct.).

3

supervision and treats them as a new proceeding that must be served on the defendant in the manner required by the statute. Service of this petition has not yet been effected or even attempted. The hearing appears to be scheduled for December.)

The Allegations Are Unfounded

In support of his motion, Stoller presents two very serious allegations in his two page motion:

First, Stoller alleges that Johnson, Abrams and Goodman have "been charged with criminal contempt" in the Illinois state proceeding that has not yet been served or held a hearing. This is misleading. Stoller is the only one making the allegations. No judge, prosecutor or competent authority has supported Stoller in his petition.

Second, Stoller asserts that Johnson, Abrams and Goodman "have been dodging service and have refused to accept service of summons" thereby bringing "the legal system into disrepute." This is not true. Stoller's attempts to serve counsel with the Cook County complaint for defamation were deemed improper and were quashed by the Cook County judge. The ancillary petition for a contempt hearing has never been served nor has service been

4

attempted upon Johnson, Abrams or Goodman. Neither of these failures by Stoller represents improper conduct by Johnson, Abrams or Goodman that would support Stoller's motion to disqualify.

Conclusion

The motion to disqualify is unsupported by facts or evidence.

Dismissal is appropriate.>

3 Appellee SPT A notes that this motion may be moot. The fee for this appeal has not yet been paid although it was due November 5 and Appellant's pauper petition has not been granted. Appellant Stoller has unsuccessfully filed virtually identical petitions before this court in appeal nos. 2008-1569 to 2008-1576 and 2009-1187, 2009-1189, and 2009-1198 through 2009-1204.

5

For the Society for the Prevention of Trademark Abuse, LLC; David S. Abrams and . fr N. Goodman

-,

. allce G. .Johns Roylance, Ab Goodman LLP 1300 19th Street NW, Suite 600 Washington, DC 20036

Tel: (202) 659-9076

6

Previous Posts - Leo Stoller

SUE THE BASTARDS

ARCHRIVE

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THE 201 0 EQUALJUSTICE ILLINOIS CANADIDATE FOR GOVERNOR PETER KAUS AND FOR SENATOR IS LEO STOLLER

10/25/2009

7 Comment(s)

AEAE

PETER KAUS IS RUNNING FOR GO VERNER OF IWNO/S 2010

CHICAGO-(EJ)-THE 2010 EQUAL JUSTICE ILLINOIS CANDIDATE FOR ILLINOIS GOVERNOR IS PETER KAUS, FOR ILLINOIS SENATOR 'V1LL BE LEO STOLLER. PETER KAUS IS A LONG TIME CHICAGO RESIDENT. His father ran the was involved in the Chicago Water system chief of Inspectors. The last two Illinois Governor, George Ryan, a Republican is current in jail and Democratic Rod Blagojevich www, washingtonpost.com/wpdyn/ ... /AR2009040201763·html-

has been indicted. It is time for PETER KAUS to be elected to the Governor's office to bring "clean" government back to Illinois. Mr. Kaus is running on a campaign to bring jobs to the state of Illinois. He will bid on having the

World Fair return to Chicago in 2014 bringing in over 200,000 jobs to Illinois. Leo Stoller is also running on the Equal Justice Ticket for Illinois Senator Rolan Buris seat. Mr. Burris was selected by former Illinois Governor Blagojevich to fill the seat previously held by Barak Obama. Burris

said that he will not seek a second term. Stoller will run for Burris's seat on a conservative platform to also bring jobs to Illinois. This is probably the first time in a century when a third party has a chance to seat canadidates in state wide office in Illinois because of the corruption that exists in both the Democratic and Republican parties. Please support Peter Kaus for Illinois Governor and Leo Stoller for Senator. Equal Justice Party, 7115 W. North Ave #272, Oak Park, Illinois 60302

312-545-4554

WILL GOOGLE INC'S ATTORNEY MICHAEL T. ZELLER BE CHARGED WITH Exhibit 1 - Page 1

20f10

islsulptd$·

Author

The purpose of this Blog is to exalt the law, by holding to the fundamental right of "Equal Justice" for all. It keeps "watch" Oil attorney and judicial misconduct issues, evolving trademark and constitutional law. It assures all people with the "good news" that in American "right" will prevail especially for those who "never" give-up "fighting" to obtain "justice". This site adheres to the Law and the Constitution as its authority. The author, Leo Stoller is a

LEGAL ETHICS AND INTELLECTUAL PROPERTY EXPERT, valuations, expert witness testimony, trademark surveys, brief writer, Appellate Expert. Leo Stoller graduated

from Mayville State College with a BS Degree, North Dakota State University, MASTERS DEGREE and attended the University of Iowa a for a PHD. Leo Stoller is the nation's most renowned

Legal Ethics and Intellectual Property Entrepreneur with many years of experience in

11125/2009 11 :36 AM

Previous Posts - Leo Stoller

PERJURY? WILL STOLLER GO TO JAIL FOR THE "CRIME" OF PUBLISHING SPEECH ON THE INTERNET

10/25/2009

9 COlTJI11ent(s)

CHICAGO-(AEAE)-COMMENTARY- FOR THOSE READERS WHO HAVE BEEN FOLLOVVING THE CONTROVERSIES ON THIS BLOG, THEY HAVE ALL BEEN HEATING UP. The Google Inc., case has moved to the Seventh Circuit Court of Appeals Case No. 09-3569. Stoller won the last appeal. Will he win again? The Federal Circuit Court of Appeals has docketed Stoller's Appeal of a recent Tradmark Trial

and Appeal Court Decision. Case No. 2010-1031. On the other side are the usual opponents the famous Washington D.C. Trademark Attorney Lance G. Johnson. That appeal where Stoller will plead a "fraud" case against good olde Lance G. Johnson. Will Lance G. Johnson be convicted of "fraud" on the Patent and Trademark Office or will the Federal Circuit Court of Appeals send Stoller packing? On Nov. 13, Illinois Criminal Court Judge Dennis Porter will issue his decision on whether Stoller will be convicted of Indirect Criminal Contempt for the "crime" of publishing articles on his blog and be sent to the Cook County Jail for six months? Stoller's opponents in his divorce proceeding would like nothing more than to see Stoller spend another 6 months in the Illinois Cook County Jail for there aware that Stoller intends to file "felony" charges against them for perjury and another charge which cannot be disclosed here at this time. Litigation is a "blood" sport and all those with a Coliseum menality are welcome to watch the Lion Devourer the christians or the christians devourer the Lion ..

OBAMA IS UP SET OVER EXECUTIVE PAY but not over the fact that the U.S. Navy is spending over 25 billion dollars for ships that we don\ \ \ \ \ \ \'t need

10/23/2009 1 Comment(s)

\VE'RE GOING BROKE WITH OBAMA!

Exhibit 1 - Page 2

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the field of brief writing, trademarks, licensing and enforcement, expert witness testimony, trademark valuation Expert and legal ethics expert. Leo Stoller is the Director of Americans for the Enforcement of Attorney Ethics (AEAE) an attorney watch dog group since 1974. Leo Stoller has appeared on FOX NEWS, CBS and in numerous national news papers including the New York Times, Wall Street Journal, Chicago Sun Times etc and on many radio talk shows. Leo Stoller

is ready to go to work for you: contact information: Leo Stoller, 7115 W. North Avenue #272, Oak Park, Illinois 60302. Email Jdms4(7i;hotmail.com 312-545-4554

Copyright Leo Stoller 2009, all rights reserved. I accept no liability for incorrect or inaccurate information appearing here. Use of this site is subject to our "terms of use" which is published here. Nothing can be duplicated without written pennission. (For forty one years)

"Litigation is the Sea I swim in,

Litigation is the Air I Breathe

Litigation is 111a1', l-Ve[come to the Front!" SEE YOU IN COURT!!!

Archives

October 2009 September 2009

1112512009 II :36 AM

Previous Posts - Leo Stoller

AEAE lHcU.9 tSGO'NG BROKE UNDER

CHICAGO-(AEAE)-(COMMEl\TTARY)-OBAMA IS UP SET OVER EXECUTIVE PAY http://w .. vw.msnbc.msn.comlid/3342847? Ins/business-us business

but not over the fact that the U.S. Navy is spending over 25 billion dollars for ships http://wwvv.l11snbc.lll sn.com lid /.\ <~4<31S':l41 ns/us news- m il ita rv

that go over 50 miles an hour that we don't need. Everyone should understand that the current situation of these Littoral Combat Ships costing in excess of half a billion dollars cannot continue. There are too many other needs and too little resources to pour money into ships that are 100 yards long and can go 50 miles per hour. These ships cannot out run a cruse missile, cannot even out run a shoulder fired missil. Instead of building 300 foot ships for 1/2 billion each. The Navy should build 100 yard ships that can go 30 miles an hour which can carry three Harrier Jet planes. Harrier jets go 600 miles an hour can land like a helicopter and carry cruse missiles and 1000 pounds bam bs. They cost 30 million each. Do the math. Three Harrier jets $90 million and a $30 million dollar ship that can go 30 miles an hour will cost us S120 million each. We will get:3 ships for each Littoral Combat Ship with 100 times more fire power. I believe that its time for the Navy to have more down sized ships with greater fire power and to start eliminating the large carrier ships that hold 5000 men and cost billions to build and maintain. If we lose one we lose 5000 men.

We have a trillion and half budget deficit and this country is going broke. Obama is sitting there just like the Captain of the Titanic just before the boat hit the ice berg and sank. The 2010 mid term elections are coming and they look real good for the Republicans best since 1994. Go out and send a message to Obama that we all are not

Exhibit 1 - Page 3

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Categories All

URSSFeed

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going to stand by and watch Obarna's sinking ship go under...

AEAE THE T -REX OF THE LAW, OF THE JUNGLE 10/22/2009

8 Comment(,,)

STOLLER FILES MOTION TO DISQUALIFY OPPOSING COUNSEL, THE LAW FIRM OF GORDON AND REES

10/22/2009

4 Comment(s)

DISQUALIFICATION IN TIllS CASE IS MANDATORY UNDER ILUNOIS SUPREME COURT RULES 1.7 CONFLICT OF INTEREST, 1.16(a)(1) DECUNING OR TERMINATING REPRESENTATION, 3.7 LAWYER AS A WITNESS AND RULE 8.4 MISCONDUCT

CmCAGO-STOILER FILED A MOTION TO DISQUALIFY OPPOSING COUNSEL-TIlE LAW FIRM OF GORDON & REES, RYAN T. BROWN, HAYES RYAN AND CHANCE L. COOPER. Once Stoller filed his Petition for Indirect Criminal

Contempt naming the. Respondents' law firm of Gordon & Rees LLP and their attorneys Ryan T. Brown, Hayes Ryan and Chance L. Cooper, who are charged with Subornation of Perjury 720 ILCS 5/32-3 a class 4 Felony, for knowingly filing false sworn affidavits of Alfred Goodman, Lance G. Johnson and David Abrams, with the clerk of the Court of Cook County which were calculated to hinder or obstruct the court in its administration of justice, it became obvious that the law firm of Gordon and Rees should voluntarily recuse themselves under Illinois Supreme Court Rule 3.7(a) Lawyer as a Witness." A lawyer shall not accept or continue employment in contemplated or pending litigation if the lawyer knows or reasonably should know that the lawyer may be called as a witness on behalf of the client.". As a result the Lance G. Johnson's attornies, the law firm of Gordon and Rees, is now in violation of the Illinois Supreme Court Rule 3.7 by even addressing the court in defense of Petitioner's Request for Leave to file its Petition for Indirect Criminal Contempt. Gordon and Rees know that the filing of a false affida,it by a process server or an attorney who is a defendant, falls under the category of contempt. Winning Moves. Inc. v. Hi! Baby, Inc., 238 Ill. App. 3d 834, 179 Ill. Dec. 12, 605 N.E.2d 1026 (zd Dist. 1992) which is punishable under Indirect Criminal Contempt. The filing of false affidavits

Ryan T. Bro\~11

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11/25/200911:36 AM

Previous Posts - Leo Stoller

by a process server and/or an attorney representing a party, denying service of process falls under the category of indirect criminal contempt and is punishable by the indirect criminal contempt as a separate criminal violation. Gordon and Rees attorneys are alleged to have filed the false affidavits of Alfred Goodman, Lance G. Johnson and David Abrams they are thus subject to being called as witnesses in this proceeding and are now conflicted out. Gordon and Rees refusal to recuse themselves is another violation of the Illinois Rules of Professional Conduct. The law firm of Gordon and Rees, and their attorneys Ryan T. Brown, Hayes Ryan and Chance L. Cooper are also charged with the filing of Alfred Goodman, Lance G. Johnson and David Abrams the false affidavits denying service under Indirect Criminal Contempt for perjury and Subornation of perjury, 720 ILCS 5/32-3(a) and. 720 ILCS 5/32-2,

LEGAL DISCLAIMER: The law firm of Gordon & Rees, attorneys Ryan T. Brown, Hayes Ryan and Chance L. Cooper, Lance g. Johnson, Alfred Goodman and David Abrams are considered innocient of all charges until proven guilty at trial beyond a reasonable doubt.

This is your new blog post. Click here and start typing, or drag in elements from the top bar.

BARAK OBAMA THE 'TV SHOW" REALITY PUNISHMENT 10/21/2009

2 Comment(s)

CHICAGO-(AEAE)-COMMENTARY - vVE WERE ALL VICTIMS OF THE "REALITY" FRAUD PERPATRATED ON US BY ALL OF THE TV NETWORKS WATCHING THE BALLOON THAT WAS SUPPOSE TO BE CARRING FALCON across the sky several days ago. It turns out that the Fort Collins Colorado storm chaser is alleged to have staged the whole event. The entire country was riveted by Mr. Heene's alleged reality TV "fraud" pretending that his son the "Balloon

Bov" was aboard a balloon that was blowing out of his control over Colorado. This incident personifies the entire TV "reality" based shows which are nothing more than non actors engaged in "fake" surreal life episodes. Audiences have been flocking to this garbage TV for several years. The TV networks found an inexpensive vehicle to grab the attention of the uninformed masses by stagging phony alleged "reality" based TV shows that are no more real then watching the "balloon Boy" float across the Colorado sky was real. Likewise, the U.S. has its first TV "reality" based President, Barak Obama.

What does he do, he refuses to send reinforcements to assist our military men in Afghanistan fighting for their lives at war. Now Obama is making the facetious argument that "we can't supply any more troops to the front until we can get an Afghan government that is not corrupt." As if AI qaeda cannot stage attacks against the U.S because the Afghan government is corrupt. Be sure to tell Ben Laden.

When we see the solder's coffins coming home from Afghanistan as a direct result of not having enough reinforcements to kill our enemies we know who to blame the next time we stand at the election box.

Exhibit 1 - Page 5

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11125/2009 11 :36 AM

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Then Obama decides not to prosecute the west cost "pot" heads who are pretending to buy and sell Marijuana under the guise of medical necessity. In others words our citizens need to be stoned for medical reasons. Now there are more centers distributing pot than restaurants selling coffee ... We didn't quite know it at the time the left elected Obarna, but right then and there was the beginning of our punishment for embracing too many "reality" TV shows and the TV "reality" President. We thus got the President we

deserve ... It turns out that Obarna like the the Fort Collins Colorado storm chaser, has staged his whole presidental campaign. The entire country has been riveted by Mr. Obama like we were Falcon, the ~~J.?all()on BQi: who was blowing out of his control over Colorado. This incident personifies the entire Obarna presidency, an empty balloon blowing out of control over the U.S.

ATTORNEYS LANCE G. JOHNSON. ALFRED N. GOODMAN, DAVID ABRAMS ARE CHARGED WITH PERJURY, FALSE SWEARING

10/20/2009

6 Comment(s)

CHICAGO-(AEAE) IN AN ILLINOIS CIRCUIT COURT CASE NO 08L 10766 INDIRECT CRIMINAL CONTEMPT PETITION WAS FILED CHARGING WASHINGTON D.C. LAvVYER Lt\NCE G. JOHNSON, DAVID ABRAMS fu~D ALFRED GOODMANvVITH PERJURY, FALSE S\VEARINGAND SUBORNATION OF PERJURY FELONIES CARRING A SENTENCE OF 3 to five 5 years iffound guilty. Charges were also brought against the law firm of Gordon and Rees LLP, attorneys Ryan T. Brown, Hayes Ryan and Chance L. Cooper, Subornation of Perjury, a Class for felony

See a complete copy of the charges http://www.tilefront.com h475Q.751LL,-<Jn~~%~.QG,%7.Q~IQhDS.QlJ~~~Q~·hill:g~9-,~_?_Q} x ith~Q:J.Qp~~!jqn:QQ9J.,PJlf LEGAL DISCLAIMER: Lt\NCE G. JOHNSON, DAVID ABRAMS AND ALFRED GOODMAN, law firm of Gordon and Rees LLP, attorneys Ryan T. Brown, Hayes Ryan and Chance L. Cooper are considered innocient of all charges until proven quilty beyond a reasonable doubt at trial.

None of the parties or their firms were care to comment.

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TODAY IS D DAY FOR SIX WELL KNOWN LAWYERS--THEY WILL BE CHARGED WITH PURJERY AND sUBORDINATION OF PERJURY

10/19/2009

AEAE

CHICAGO-(AEAE)-TODAY IS D DAY FOR SIX ""'ELL KNOvVN ATTORNEYS WHO

Exhibit 1 - Page 6

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WILL BE CHARGED WITH PERJURY 720 ILCS 5/32-2 and SUBORDINATION OF PERJURY 720 ILCS 5/32-3(a), felonies. Stoller is seeking 5 years jail time if convicted. The names of these attorneys are being with held until a formal complaint number is issued to the INDIRECf CRIMINAL CONTEMPT CITATION. They know who they are. The names should be revealed later today. It is important to note that they are considered innoncient until proven guilty beyond a reasonable doubt. Their respective complaints will be reported to their bar associations and to each jurisdiction in which they practice law and to the public. Stay tuned. Stoller knows excatly what it feels like to be sent to jail. Stoller spent 37 days in the Illinois Cook County Jail from June 8, 2009 until July 15, 2009 for the crime of publishing his former "blog" on the Internet. Conversely, these respondents will be facing felony charges, Class 3 and Class 4 and if found guilty can be sentenced to up to five years in jail. Stay tuned. There is another slug of felony charges that Stoller intends to file against another group of parties torward the end of the week having sufficient evidence to bring the charges. Stay tuned everything is now heating up, remember the AEAE slogan, Litigation is War, Welcome to the FRONT! Ldms4@hotmail.com

OF ~y HE ""jIl.s rOJ ~~M!

YQIiR Ol11C1? ,.,o,ftTM'If £lOT.1 nAR5 rt/G. Offl~ LOC/II T'/IjS I.AIWIER IP' HOlM

10/18/2009

STOLLER TO CHARGE 6 LAWYERS WITH SEVERAL FELONIES MONDAY

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CHICAGO--(AEAE)-CO MMENTARY -- IT'S NOW 12:50am--there we more visitors to this blog today Saturday night/Sunday

Morning, than most week days. Don't you people have something else to do, like

sleep ... I have always been amazed at how may people come here each night AM to see the next posting on this blog which most of you know is posted at about 12:30am to 1:00am. A few days ago I told a gny that he should start blogging. He said, "I don't have any time, I would have to blog at 1:00am each night." I told him that's when I blog. Why do I blog? I tell you why, when I was in

Exhibit 1 - Page 7

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VV Ht.Kt. ALL VI' 1 H t. ~J;,LK.t.l ~ AKJ;, t-..t.t' 1

college in the 60'S I was the editor of my

college newspaper the Exponent. Although I wrote for my paper and edited it I have always felt that I didn't right enough articles. Consequently, I feel the urge to make up for not writing enough back then ... .I write every day though ... I have written every day since 1974 when I started my business. For the last 25 years I have spent my days, each day writing legal briefs, appeal briefs, motions, complaints, responses, I have written enough legal briefs to fill a warehouse and this week for example I am working three appeals, several complaints and responding to s slew of motions. Monday, I will file my Notice of Appeal in the Google Inc., case. I won my first appeal of Judge Virginia Kendell's decision. I expect to win again ...

This week also is going to be very interesting, I will file felony charges against 6 lawyers Monday. Thursday, I expect to file felony charges against a bounch of other well deserving individuals .... Last Friday, I spend the entire day in the Law Library. I researched the law and found everything I need to plead a good felony case against alot of bad lawyers ... who think that they are very clever and can violate the law because they know the law better than anyone else.

You know what the "law" library is, it's a supermart on how to indict someone. The standard of proof to charge an offense is called probable cause (PC) . This is a very low standard of proof, and in essence requires that there be reason to believe that a crime has been committed, and reason to believe that the person charged did it. These types of offenses are very capabale of destroying a person's reputation, even if they are never convicted of it. Whether PC exists in any particular case depends on the type of proofs that the prosecution have ..... TIl e moral of this story is not to commit felonies and not to make the government, any judge or lawyer or an expert on the law, mad enough to want to put you away, because they can do it if they are pushed hard enough ... just go to your law library and see .... I believe that every other type of reading is nothing but a waist of my tll1e ...

This is your new blog post. Click here and start typing, or drag in elements from the top bar.

FILING CONTEMPT AND FRAUD CHARGES TODAY 10j16i2009

:2 Comment(s)

CHICAGO-TODAY IS RAINING, COLD 40 DEGREES, ""'INDY AND TIME TO FILE FRAUD AND CONTEMPT CHARGES AGAINST "U1\TNAMED" PARTIES ...

< < Pre\~ous

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Exhibit 1 - Page 8

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1112512009 11 :36 AM

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

v. Best Data Products, Inc.

------------------------

Stoller

No. 2010·1031

CERTIFICATE OF INTEREST

Counsel for the (petitioner) (appellant) (respondent) (appellee) (amicus) (name of party) SooetylortooPrWOI1tiOllofTrademarkAbu,eLLC certifies the following (use "None" if applicable; use extra sheets if necessary):

1. The full name of every party or amicus represented by me is:

The Society for the Prevention of Trademark Abuse, LLC; David S. Abrams (named only in appellant's motion) and Alfred N. Goodman (named only in appellant's motion)

2. The name of the real party in interest (if the party named in the caption is not the real

party in interest) represented by me is:

The Society for the Prevention of Trademark Abuse, LLC

3. All parent corporations and any publicly held companies that own) 0 percent or more

of the stock of the party or amicus curiae represented by me are:

None

4. The names of all law firms and the partners or associates that appeared for the party

or amicus now represented by me in the trial court or agency or are expected to appear in this court are:

None

11-25-09

Date

Please Note: All questions must be answered

cc: __

PROOF OF SERVICE (2010-1031)

I hereby certify that the appropriate number of copies of

RESPONSE TO STOLLER'S COMBINED MOTIONS TO DISQUALIFY AND TO SUSPEND

were filed with the Court and served upon the following individuals in the manner listed on November 25,2009.

VIA First Class Mail VIA Email (at request of counsel)

Leo Stoller Richard M. Fogel
7115 W. North Avenue #272 (Not individually, but as chapter 7
Oak Park, Illinois 60302 trustee for the bankruptcy estate of
Leo Stoller)
Brian Shaw, Esq.
Shaw, Gussis, Fishman, Glantz &
Towbin, LLC
321 North Clark Street, Suite 800
Chicago, Illinois 60654
Willmore F. Holbrow, III
Blakely, Sokoloff, Taylor & Zafman
12400 Wilshire Blvd., Suite 700
Los Angeles, CA 90025-4039

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